Articles Posted inDUI Motor Vehicle Accidents

Should Uber get sued if its driver is drunk and injures or kills someone after ignoring complaints about that driver being DUI? People routinely use Uber and similar ride-share services for transportation throughout Southern California and the state. Ride-share services in California are regulated by the state’s Public Utilities Commission, which requires them to conduct background checks of their drivers. Reportedly, Uber is facing a fine of $1.13 million for its alleged failure to investigate complaints of drunk Uber drivers and to suspend them.

Uber’s stated policy and regulatory obligation on drunk driving

The Public Utility Commission requires Uber and other ride-share services to have zero-tolerance policies about drunk driving. Under Uber’s policy, drivers who are found to be driving under the influence while using Uber’s ride-share app are supposed to be permanently deactivated, meaning that they will not be able to use the app or drive for Uber any longer.

A jury in Ventura, CA recently reached a verdict about a DUI crash that occurred almost three years ago. The case involved a man named Francisco A. Briones, and the claim was against Christopher Lee Zink. The victim was only 21 years old at the time of the accident and had his entire life ahead of him. The accident occurred at 5:00 a.m. when Briones was driving to work at a nearby warehouse. He was in his parent’s uninsured vehicle at the time.

Mr. Briones was hit by a drunk driver who had a blood alcohol level of .14. In addition to being drunk, the driver had also suffered from sleep deprivation. The crash occurred because Zink had fallen asleep while he was driving. Briones ended up as a quadroplegic from the incident.

The case was different from an ordinary personal injury case because Briones did not have insurance coverage at the time of the vehicle, and he did not own the car. Zink’s defense attorneys tried to make those two issues shine against the victim. Zink’s faults were too heavy to outshine the plaintiff in wrongdoing, however. The court ended up ruling in favor of Briones because he posted a payment met the necessary financial requirements.

A San Diego jury awarded a plaintiff $1.5 million on Feb. 5, holding that On The Border, a Mexican chain restaurant, was liable for one of its employee’s drunk-driving hit-and-run accident. If the case survives an appeal, the decision could potentially have a huge impact on the meaning of the scope and course of employment in future cases, which determines whether or not an employer may be held liable for the actions of their employees.

The Case

In the incident, an employee of the Mission Valley restaurant stayed there after he had gotten off from his shift in order to have some drinks with his coworkers to celebrate his birthday. The group stayed for around three hours before heading home. Intoxicated, the defendant still decided to try to drive himself home after the party. While he was on his way, he struck and severely injured a Taiwanese foreign exchange student who was riding his skateboard in the bicycle lane. Instead of stopping, the defendant then drove off. The California Highway Patrol was later able to find the defendant, and he pled guilty to a felony count of hit-and-run driving.

A verdict was recently reached in Los Angeles County in the case of Cardona v. Cortes. The three plaintiffs, Jose, Irene and Eduardo Cardona, were awarded $20 million for damages they collectively sustained after their vehicle was struck by a drunk driver. The trial lasted a total of 13 days, and the jury deliberated for two more before reaching a consensus on June 15, 2015.

Los Angeles Superior Court

The lawsuit was filed on behalf of the plaintiffs in Los Angeles Superior Court on Friday, November 30, 2012, as an action resulting from a traffic collision that occurred in February 2011, with the defendant, Navarro Cortes. The Honorable John J. Kralik presided over the case.